The city of New Bern has filed an answer to a lawsuit levied by two New Bern residents who claim city-operated sewage lines failed and caused raw sewage to seep into their yard and inside their home.

Daniel and Sherry Jones filed the complaint in Craven County Superior Civil Court on Oct. 16.

The Joneses of 507 Metcalf St. state in their lawsuit that, on Feb. 18, raw sewage containing human and animal feces along with other contaminating and injurious material and chemicals ran under the street and came into their house through plumbing fixtures.

The suit claims the city-owned and operated sewer lines caused damage to the Jonesesí real property, furniture, appliances, flooring and other personal property. The suit states that the situation caused the couple extreme embarrassment, emotional anxiety and health risks.

The lawsuit claims backflow caused the Joneses to vacate their home for several months while repairs were undertaken at substantial expense and inconvenience.

One of the causes of action is negligence. The suit claims the city failed to maintain sewer lines and failed to replace deteriorate pipes. The suit also noted an incident of raw sewage seeping into their home in January 2011.

The lawsuit states that the plaintiffs will offer evidence in discovery at the time of the trial.

The suit states that the Joneses want a jury trial and asking for damages in excess of $10,000.

The New Bern law firm of Harris Creech Ward and Blackerby represents the Joneses.

The city filed an answer to the lawsuit Wednesday.

The answer states that if it found negligent in any way, it is denied that the city was negligent. The answers state that the defendants were negligent. The answer states:

n Defendants allowed materials to be placed in the sewer pipes under their yard causing a clog in their own sewer line, resulting in the overflow.

n The defendants deny all claims outlined in the Joneses lawsuit.

The city also requests that the plaintiff recover nothing from the defendant; the complaint be dismissed; and that the plaintiffs pay the cost of the action and attorney fees.

The city is being represented by Scott Hart of the law firm of Sumrell Sugg Carmichael Hicks and Hart.

Francine Sawyer can be reached at 635-5671 or at Francine.Sawyer@newbernsj.com.